Warranty Deed Vs Quitclaim Deed For Gift In Fulton
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FAQ
It's safer to use a warranty deed any time you are not entirely sure of your or someone else's ownership stake in any property. If you are transferring a property to your child or to a revocable trust agreement as part of an estate plan, then a quitclaim deed could do the trick.
A quitclaim deed is only valid if both parties willingly performed the property transfer. If there is evidence that the grantor was coerced into filing the quitclaim against their will, this is grounds to revoke it.
A general warranty deed must include the following to be valid: The name and address of the seller (called the grantor) The name and address of the buyer (called the grantee) A legal description of the property (found on the previous deed) A statement that the grantor is transferring the property to the grantee.
Moreover, a quitclaim deed does not convey any after-acquired title.
In summary, a quitclaim deed may not be suitable in situations where there is uncertainty about ownership, when a buyer wants protection against potential title issues, when obtaining a mortgage or refinancing, or in certain real estate transactions that require more guarantees and protections.
Quitclaim deeds, therefore, are commonly used to transfer property within a family, such as from a parent to an adult child, between siblings, or when a property owner gets married and wants to add their spouse to the title. Married couples who own a home together and later divorce also use quitclaim deeds.
A Quit Claim Deed transfers the property without any warranties or guarantees about the title, while a Deed of Gift transfers the property as a gift and typically includes warranties about the title and ownership.
A general warranty deed is used to transfer real property from one person to another. This type of deed offers the greatest protection for the buyer and has specific requirements for what must be included in the document.
A general warranty deed is the most common type of warranty deed in the United States. It offers the highest level of protection to the buyer because it guarantees that there are absolutely no problems with the home – even dating back to prior property owners.
When committing to a general warranty deed, the seller is promising there are no liens against the property, and if there were, the seller would compensate the buyer for those claims. Mainly for this reason, general warranty deeds are the most commonly used type of deed in real estate sales.
